Loading...
HomeMy WebLinkAboutAccess Control System Replacment RFPCity of Diamond Bar Access Control System Replacement Project 1 | P a g e CITY OF DIAMOND BAR REQUEST FOR PROPOSAL Access Control System Replacement Project Proposal Release Date & Time:06/06/2024 Mandatory Site Walk:06/12/2024 1:00pm PST Vendor Questions Due:06/14/2024 by 10am PST Proposal Due Date:06/27/2024 by 10am PST To: Alfredo Estevez Information Systems, Systems Administrator aestevez@diamondbarca.gov City of Diamond Bar 21810 Copley Drive Diamond Bar, CA 91765 City of Diamond Bar Access Control System Replacement Project 2 | P a g e TABLE OF CONTENTS PART I .............................................................................................................................................3 GENERAL INFORMATION AND PROJECT BACKGROUND .....................................3 1.INTRODUCTION .......................................................................................3 2.ORGANIZATION BACKGROUND ..........................................................3 3.PROJECT BACKGROUND .......................................................................3 4.POINTS OF CONTACT..............................................................................3 PART II ............................................................................................................................................5 SCOPE OF SERVICES .......................................................................................................5 1.SCOPE OF SERVICES ...............................................................................5 PART III ..........................................................................................................................................7 RFP SUBMITTAL GUIDELINES AND SCHEDULE ......................................................7 1.ADMINISTRATIVE REQUIREMENTS ...................................................7 2.LEGAL REQUIREMENTS.........................................................................7 3.RIGHT TO REJECT ALL PROPOSALS ...................................................7 4.PUBLIC RECORDS ACT ...........................................................................8 5.QUESTIONS ...............................................................................................8 PART IV ........................................................................................................................................10 SELECTION CRITERIA ..................................................................................................10 1.OVERVIEW ..............................................................................................10 PART V .........................................................................................................................................11 SUBMISSION PROCEDURES AND FORMAT .............................................................11 PART VI ........................................................................................................................................14 CITY’S STANDARD CONSULTING SERVICES AGREEMENT ................................14 City of Diamond Bar Access Control System Replacement Project 3 | P a g e PART I GENERAL INFORMATION AND PROJECT BACKGROUND 1. INTRODUCTION The City of Diamond Bar (“The City”) invites proposals from qualified firms to provide a new Access Control System with required equipment, licensing and related implementation services based upon the requirements and scope of work contained in the Request for Proposal. 2. ORGANIZATION BACKGROUND The City of Diamond Bar is a general law city incorporated on April 18, 1989. It is governed by the city council/city manager form of government. A five-member city council is elected by the residents, and a mayor is elected annually by the council to serve a one-year term. The city manager is appointed by the council to oversee the daily activities of the city. 3. PROJECT BACKGROUND The City of Diamond Bar ("City") currently has a Sielox Access Control system that was installed in 2011 that controls thirty-two (32) doors spread across City Hall and the Diamond Bar Center. The doors at City Hall and the Diamond Bar Center are connected to AC-1700 Sielox Master Control Boards with two doors wired to each board. All of the Master Control Boards are then networked through a Cisco switch to a dedicated Sielox server that runs the Pinnacle Access Control Software from Sielox. The Pinnacle platform allows for the full administration of the system including: access schedules, device setup, card holder entry & administration, access levels, group set up, event monitoring, alarms, access system reports and a full log of badge swipes. The Master Control boards and Pinnacle Software have been deemed “End of Life” by Sielox and need to be replaced. The goal of the City is to continue use of as many of the physical locks and badge readers as is possible while replacing the software and control boards with a modern system. In addition, to upgrading existing equipment the City would like to add new badge readers and compatible locks to several new locations in the City including, Heritage Park, Sycamore Canyon Park and Pantera Park. 4. POINTS OF CONTACT Vendors shall submit all questions regarding the RFP through the PlanetBids Posting at: https://vendors.planetbids.com/portal/39500/bo/bo-detail/118736 City of Diamond Bar Access Control System Replacement Project 4 | P a g e For any questions not related to the RFP: Alfredo Estevez, Information Systems Administrator: aestevez@diamondbarca.gov City of Diamond Bar Access Control System Replacement Project 5 | P a g e PART II SCOPE OF SERVICES 1. SCOPE OF SERVICES Services will be provided for and administered through the Information Systems Department. Access Control Physical Installation (City Hall & Diamond Bar Center) (Please Review Appendix A and Appendix B)  Remove existing end of life Sielox Master Control Boards and replace with modern control boards that are compatible with proposed system  Remove network switch that currently networks the existing Master Control Boards to the Sielox server  Furnish, install and configure a compatible network switch  Connect newly installed switch and Control boards to either an on- Premise Access Control Server or a cloud-based Access Control system. o If an on-Premise Access Control system is proposed, include the cost of the server, a service agreement on the server and the licensing to run the access control software on the server. o If a could base Access Control system is proposed, then the first year of service and support must be included in the quote with a statement of what the cost will be for years 2-6.  A badge station must be set up to create new color badges for employees. The PC will be provided by the City but the bidder must include the following in their quote: o Software and licensing for badge creation o Badge printer o Digital SLR Camera for badge pictures o Initial set of supplies 100Pk of blank badges o 1 Badge Printer Cleaning Kit o 2 additional printer ribbons for badge printer  Where possible re-use existing Card Readers, Power supplies and door hardware.  Replacement hardware must be provided for any Card Readers, Power supplies and door hardware that is not compatible with proposed system.  All provided equipment must be updated to latest firmware version.  Program and test all card readers and associated equipment  The following Documentation must be generated and provided to the City: o System Design & Configuration o List of control boards and corresponding badge readers o IP Schemas City of Diamond Bar Access Control System Replacement Project 6 | P a g e o Inventory of all Access Control equipment  Prevailing wage will be required by all bidders Access Control System Installation at New Locations (Please Review Appendix B) Heritage Park (Location Has High Speed Internet Access)  Furnish and install system required control boards for 2 doors  Furnish and Install Card Readers, Power supplies and door hardware that is compatible with proposed system for 2 doors.  The current door lock utilizes Schlage hardware and the Exit device/Panic bar is Von Duprin.  Furnish and install equipment to network the remote park location to the main system at City Hall  Configure location to be controlled and configurable from City Hall Sycamore Canyon Park (Location Has DSL Internet Access)  Furnish and install system required control boards for 1 door  Furnish and Install Card Readers, Power supplies and door hardware that is compatible with proposed system for 1 door  The current door locks utilize Schlage hardware  Furnish and install equipment to network the remote park location to the main system at City Hall  Configure location to be controlled and configurable from City Hall Pantera Park (Location Hs No Internet Access)  Furnish and install system required control boards for 2 doors  Furnish and Install Card Readers, Power supplies and door hardware that is compatible with proposed system for 2 doors  The current door lock utilizes Schlage hardware and the Exit device/Panic bar is Von Duprin.  Furnish and install a solution that allows information from the main City Hall system to the 2 doors at Pantera Park.  Possible solutions that would be acceptable to allow configuration and control from City Hall can included but are not limited to: o Cradle point cellular networking of information. All required hardware and service would need to be included as part of the installation o A manual transfer of data from City Hall to this remote location. City of Diamond Bar Access Control System Replacement Project 7 | P a g e PART III RFP SUBMITTAL GUIDELINES AND SCHEDULE 1. ADMINISTRATIVE REQUIREMENTS Interested Vendors must submit responses through the Planet Bids bid management system. In order to be considered all completed bids must be uploaded to Planet Bids by the due date. A Mandatory site walk can be scheduled for June 12, 2024 at 1:00pm by contacting Alfredo Estevez at Aestevez@diamondbarca.gov or at (909) 839- 7083. The proposal shall be submitted on or before 10:00 am PST on Thursday, June 27, 2024. 2. LEGAL REQUIREMENTS The selected Vendor must comply with all Federal, State and Local laws and regulations including obtaining a City Business License. 3. RIGHT TO REJECT ALL PROPOSALS The City reserves the right to reject any proposal received, to waive any informality or irregularity in any proposal received, and to be the sole judge of the merits of the respective proposals received. The City reserves the right to reduce or revise elements of the service agreement prior to the award of any agreement. Furthermore, the City reserves the right to reject any or all proposals submitted; and no representation is made hereby that any agreement will be awarded pursuant to this RFP, or otherwise. If an inadequate number of proposals are received or the proposals received are deemed non-responsive, not qualified or not cost effective, the City may, at its sole discretion, reissue the RFP. All costs incurred in the preparation of the proposal, in the submission of additional information and/or any other aspect of a proposal prior to the award of a written agreement will be borne by the Vendor. The City shall only provide the staff assistance and documentation specifically referred to herein and shall not be responsible for any other cost of obligation of any kind which may be incurred by the proposing Vendor. All proposals submitted to the City in response to this RFP shall become property of the City. City of Diamond Bar Access Control System Replacement Project 8 | P a g e The City reserves the right to extend the submission deadline should this be in the interest of the City and notify Vendors accordingly. Vendors have the right to revise their proposals in the event that the deadline is extended. The City reserves the right to verify all information in the proposal. The City reserves the right to require a demonstration of the functionality the Vendor is proposing. If the selection of the Vendor is based in part on the qualifications of specific key individuals named in the proposal, the City must approve in advance any changes in the key individuals or the percentage of time they spend on the project. The City reserves the right to have the Vendor replace any project personnel for any reason the City deems necessary. 4. PUBLIC RECORDS ACT Responses to this Request for Proposals become the exclusive property of the City, and are subject to the California Public Records Act. Those elements in each proposal which are trade secrets, as defined in Civil Code section 3426.1(d), or otherwise exempt by law from disclosure, and which are prominently marked as "TRADE SECRET", "CONFIDENTIAL", or "PROPRIETARY," may not be subject to disclosure. The City shall not in any way be liable or responsible for the disclosure of any such records including, without limitation, those so marked if disclosure is deemed to be required by law, or by an order of the Court. Proposers which indiscriminately identify all, or most, of their proposal as exempt from disclosure without justification may be deemed non-responsive. In the event the City is required to defend an action on a Public Records Act request for any of the contents of a proposal marked "confidential", "proprietary", or "trade secret", the proposer agrees, upon submission of its proposal for City's consideration, to defend and indemnify the City from all costs and expenses, including attorney’s fees, in any action, or liability, arising under the Public Records Act. 5. QUESTIONS All questions concerning this RFP should be posted on the PlanetBids Posting: https://vendors.planetbids.com/portal/39500/bo/bo-detail/118736 Written questions must be submitted on or before June 14, 2024 by 10:00AM PST. City of Diamond Bar Access Control System Replacement Project 9 | P a g e The City appreciates your interest, time, and effort in responding to our request for proposals. City of Diamond Bar Access Control System Replacement Project 10 | P a g e PART IV SELECTION CRITERIA 1. OVERVIEW The selection of the professional Services Provider will be performed on a competitive basis and in accordance with the City’s Purchasing Ordinance, Section 3.24.070 of the Diamond Bar City Code: https://library.municode.com/ca/diamond_bar/codes/code_of_ordinances?nodeId= CICO_TIT3REFI_CH3.24PU The City will evaluate the proposals on the basis of the responsiveness to this Request for Proposals, qualifications of the proposer(s), and proposed timelines and costs, in no particular order or relative importance. At the discretion of the City, consultants submitting proposals may be requested to partake in interviews, and may make oral presentations, as part of the evaluation process. In reviewing and evaluating the response to this RFP, the City’s evaluation team will consider the following:  Responsiveness and comprehensiveness of the response to this RFP.  Experience of the firm. Proposer must have three (3) years’ experience, within the last five (5) years, providing related services and supplies equivalent or similar to the services being requested by this RFP.  Demonstrated experience and qualifications of the proposed project Manager and experience and qualifications of on-site support staff.  Reasonableness of the proposed fee.  Ability to meet City contract requirements. (See Section VI)  Previous Experience with the City of Diamond Bar The criteria should not be construed so as to limit other considerations which may become apparent during the review and selection process. This RFP does not commit the City to enter into a contract. The City reserves the right to:  Establish a short list of proposers eligible for discussions after review of written proposals.  Negotiate with any, all, or none of the proposers.  Solicit best and final offers from any or all proposers.  Accept a proposal other than the lowest offer.  Waive informalities and irregularities in proposals. City of Diamond Bar Access Control System Replacement Project 11 | P a g e PART V SUBMISSION PROCEDURES AND FORMAT Proposals shall be prepared simply and economically, providing a straightforward, concise description of the Vendor’s capabilities to satisfy the requirements of this RFP. Accuracy and Completeness The Vendor’s proposal must set forth accurate and complete information as required in this RFP. Unclear, incomplete, and/or inaccurate documentation may not be considered. Misrepresentation of any information, functionality or facts may result in Vendor disqualification or a finding of non-responsive by the City. If the Vendor knowingly and willfully submits false performance or other data, the City reserves the right to reject that proposal. If it is determined that an agreement was awarded as a result of false performance or other data submitted in response to this RFP, the City reserves the right to terminate the agreement, and seek other legal remedies as allowed by law. Unnecessarily elaborate or lengthy proposals or other presentations beyond those needed to give a sufficient, clear response to all the RFP requirements are not desired and may be found to be non-responsive. The City reserves the right, at its sole discretion, to waive minor defects in any proposal submitted by the Vendors. Please use the following format to structure the RFP response. The response should include each section detailed below in the order presented and must be separated by tabs. The detail represents the items that are to be covered in each section of the response. Failure to address all items will impact the evaluation and may classify the response as non-responsive and preclude it from further consideration. Qualifying proposals shall include the following: 1. Binding Transmittal Letter Proposer must provide a cover letter (two pages maximum) signed by a party authorized to contractually obligate the proposer (and respective team members) to perform the commitments included in the proposal. The letter must also identify the name, title, address, telephone number, and e-mail address of the individual(s) responsible for such negotiations, if selected. Additionally, the cover letter should discuss the proposer’s overall qualifications and ability to meet the scope of services outlined in the RFP, name the individual proposed to serve as Construction Manager, and include a statement guaranteeing the validity of the Cost Proposal for a period of 120 days beyond the bid opening. The letter shall also constitute certification, under penalty of perjury, that the Consultant will meet all City rules and regulations, and State and Federal City of Diamond Bar Access Control System Replacement Project 12 | P a g e nondiscrimination laws. An unsigned cover letter, or a letter signed by a representative unauthorized to bind the consultant may be rejected. 2. Technical Proposal The Technical Proposal shall include the following components: i. Introduction In addition to the name, mailing address, telephone number of the firm, and contact information for the firm’s authorized contact person (telephone and e- mail address), provide an overview of the proposal demonstrating the understanding of the project and the objectives for completing the tasks identified in the scope of work. ii. Qualifications Provide a detailed account of the firm’s experience and qualifications, including:  A description of the firm’s capabilities and experience managing similar projects.  A description of the capabilities and experience of the proposed Project Manager and all on-site support staff, including brief resumes of each that highlight qualifications and abilities relevant to the project.  An organizational chart identifying all key personnel, their specific project responsibilities, and the relationships/chain of command between staff and the Project Manager.  Identification of any subcontractors the proposer intends to employ in execution of the project, including name, address, telephone number, and name of contact person. Discuss the proposed subcontractor’s role and provide information on subcontractors’ experience performing similar work. All subcontractors are subject to the approval of the City. 3. Scope of Services Proposal must provide detailed information that clearly demonstrates the ability of the proposer to fully deliver the scope of services outlined in the RFP 4. Conflict of Interest The Consultant shall disclose any financial, business or other relationships with the City and County that may have an impact on the outcome of this contract or City of Diamond Bar Access Control System Replacement Project 13 | P a g e any resulting construction project. The Consultant shall also list current clients who may have a financial interest in the outcome of this contract. 5. Litigation Indicate whether the proposer or any team member or any officers or principals have been party to any lawsuit involving the performance of construction management duties and provide a summary of the issues and status of the lawsuits. 4. Cost Proposal The Cost Proposal shall include the following components:  The firm’s full, itemized, not-to-exceed cost proposal for the duration of the contract.  A list of any additional or optional service costs not included in the not-to- exceed amount. 6. Agreement A copy of the Agreement is enclosed. The proposal shall include a statement that all terms and conditions of the Agreement including insurance requirements are acceptable. (See Part VI) 7. References A list of at least 5 references for similar work; including contact person, his or her phone number and email address. (Appendix C) City of Diamond Bar Access Control System Replacement Project 14 | P a g e PART VI CITY’S STANDARD PUBLIC WORKS AGREEMENT (Uniform Cost Accounting Contract-DBMC Chapter 3.25) The following agreement ("Agreement") is made and entered into, in duplicate, as of the date executed by the City Manager and attested to by the City Clerk, by and between ____________________ [Insert the type of entity of the Consultant, e.g., Inc., a California corporation; a California general partnership; a California limited liability company; a sole proprietor; etc.] hereinafter referred to as the "Contractor" and the City of Diamond Bar, California, hereinafter referred to as "City." WHEREAS, City received Contractor’s bid on [Insert Date]; and WHEREAS, City accepted the bid of Contractor under its Uniform Public Construction Cost Accounting Ordinance, Diamond Bar Municipal Code Chapter 3.25 (“UPCCA Ordinance”); and WHEREAS, the UPCCA Ordinance authorizes the City Manager to execute written contracts with the Contractor for furnishing labor, equipment and material for the [Describe general nature of work, i.e., Grand Avenue Street Improvements]in the City. NOW, THEREFORE, in consideration of the mutual covenants herein contained, it is agreed: 1. GENERAL SCOPE OF WORK: Contractor shall furnish all necessary labor, tools, materials, appliances, and equipment for and do the work for the [Describe general nature of work] in the City (the “Work”). The Work to be performed in accordance with the plans dated [Insert Date] (the “Plans”) on file with the City and in accordance with bid prices hereinafter mentioned and in accordance with the instructions of the City’s Project Manager, who is [Insert Name, Title, Phone No.]. 2. INCORPORATED DOCUMENTS TO BE CONSIDERED COMPLEMENTARY/PRIORITY OF DOCUMENTS: The Plans are incorporated herein by reference and made a part hereof with like force and effect as if set forth in full herein. The Plans, Contractor’s bid dated [Insert Date] (“Contractor’s Bid”) together with this Agreement shall constitute the entire agreement between the parties. This Agreement is intended to require a complete and finished piece of work and anything necessary to complete the work properly and in accordance with the law and lawful governmental regulations shall be performed by the Contractor whether set out specifically in this Agreement or not. Should it be ascertained that any inconsistency exists between the aforesaid documents and this Agreement, the following order of precedence shall apply: (1) this Agreement; (2) the Plans; and (3) Contractor's Bid (collectively, the “Contract Documents”). 3. COMPENSATION: Contractor agrees to receive and accept the prices set City of Diamond Bar Access Control System Replacement Project 15 | P a g e forth in its Contractor’s Bid as full compensation for furnishing all materials, performing all Work, and fulfilling all obligations hereunder. Said compensation in the amount of ____________ Dollars ($___) shall cover all expenses, losses, damages, and consequences arising out of the nature of the Work during its progress or prior to its acceptance, including those for well and faithfully completing the Work and the whole thereof in the manner and time specified in the Contract Documents; and also including those arising from actions of the elements, unforeseen difficulties or obstructions encountered in the prosecution of the Work, suspension or discontinuance of the Work, and all other unknowns or risks of any description connected with the Work. Final payment to Contractor shall be withheld for at least 30 days after the time in which Contractor has verified, to the City's satisfaction, that it has submitted all information to the Department of Industrial Relations required by Labor Code §1773.3. 4. TERM OF AGREEMENT/LIQUIDATED DAMAGES: Contractor agrees to complete the work within _____________ (___)calendar days from the date of the notice to proceed (the “Completion Date”). Contractor agrees to the assessment of liquidated damages in the amount of ______ Dollars ($_______) for each calendar day the work remains incomplete beyond the expiration of the Completion Date. City may deduct the amount thereof from any monies due or that may become due the Contractor under this Agreement. Progress payments made after the scheduled Completion Date shall not constitute a waiver of liquidated damages [Optional for work where timely completion is important]. 5. INSURANCE: Contractor shall not commence work under this Agreement until it has obtained all insurance required hereunder in a company or companies acceptable to City nor shall the Contractor allow any sub-contractor to commence work on his sub-contract until all insurance required of the sub-contractor has been obtained. The Contractor shall take out and maintain at all times during the life of this contract the following policies of insurance: a. Workers' Compensation Insurance: Before beginning work, the Contractor shall furnish to the City a certificate of insurance as proof that he has taken out full workers' compensation insurance for all persons whom he may employ directly or through sub-contractors in carrying out the work specified herein, in accordance with the laws of the State of California. Such insurance shall be maintained in full force and effect during the period covered by this contract. In accordance with the provisions of Section 3700 of the California Labor Code, every Contractor shall secure the payment of compensation to his employees. The Contractor, prior to commencing work, shall sign and file with the City a certification as follows: "I am aware of the provisions of Section 3700 of the Labor Code which requires every employer to be insured against liability for workers' compensation or to undertake self insurance in accordance with the provisions of that Code, and City of Diamond Bar Access Control System Replacement Project 16 | P a g e I will comply with such provisions before commencing the performance of work of this contract." b. For all operations of the Contractor or any sub-contractor in performing the work provided for herein, insurance with the following minimum limits and coverage: 1) General Liability - $2,000,000 per occurrence for bodily injury, personal injury and property damage. If Commercial General Liability insurance or other form with a general aggregate limit is used, either the general aggregate limit shall apply separately to this Agreement or the general aggregate limit shall be twice the required occurrence limit. 2) Automobile - $2,000,000 per accident for bodily injury and property damage. 3) Employer's Liability - $1,000,000 per accident for bodily injury or disease. c. Each such policy of insurance provided for in paragraph b. shall: 1) Be issued by an insurance company approved in writing by City, which is authorized to do business in the State of California. 2) Name as additional insured the City of Diamond Bar, its officers, agents and employees, and any other parties specified in the bid documents to be so included; 3) Specify it acts as primary insurance and that no insurance held or owned by the designated additional insured shall be called upon to cover a loss under the policy; 4) Contain a clause substantially in the following words: "It is hereby understood and agreed that this policy may not be canceled nor the amount of the coverage thereof reduced until thirty (30) days after receipt by City of a written notice of such cancellation or reduction of coverage." 5) Waives all right of subrogation against all persons and entities specified in subparagraph 4.c.(2) hereof to be listed as additional insured in the policy of insurance provided for in paragraph b. by reason of any claim arising out of or connected with the operations of Contractor or any sub- contractor in performing the work provided for herein; City of Diamond Bar Access Control System Replacement Project 17 | P a g e 6) Otherwise be in form satisfactory to the City. d. The Contractor shall, prior to performing any work under this Agreement, deliver to the City Manager or his designee the original policies of insurance required in paragraphs a. and b. hereof, or deliver to the City Manager or his designee a certificate of the insurance company, showing the issuance of such insurance, and the additional insured and other provisions required herein. 6. PREVAILING WAGE: Notice is hereby given that in accordance with the provisions of California Labor Code, Division 2, Part 7, Chapter 1, Articles 1 and 2, the Contractor is required to pay not less than the general prevailing rate of per diem wages for work of a similar character in the locality in which the public works is performed, and not less than the general prevailing rate of per diem wages for holiday and overtime work. In that regard, the Director of the Department of Industrial Relations of the State of California is required to and has determined such general prevailing rates of per diem wages. Copies of such prevailing rates of per diem wages are on file in the Office of the City Clerk of the City of Diamond Bar, 21810 Copley Drive, Diamond Bar, California, and are available to any interested party on request. Contractor shall cause a copy of such determinations to be posted at the job site. Contractor shall forfeit, as penalty to City, not more than two hundred dollars ($200.00) for each laborer, workman or mechanic employed for each calendar day or portion thereof, if such laborer, workman or mechanic is paid less than the general prevailing rate of wages hereinbefore stipulated for any work done under this Agreement, by him or by any sub-contractor under him. Contractor and any of its sub-contractors must be registered with the Department of Industrial Relations pursuant to Labor Code section 1725.5, which precludes the award of a contract for a public work on any public works project awarded after April 1, 2015 to a person not registered. This Agreement is subject to compliance monitoring and enforcement by the Department of Industrial Relations. 7. APPRENTICESHIP EMPLOYMENT: In accordance with the provisions of Section 1777.5 of the Labor Code, and in accordance with the regulations of the California Apprenticeship Council, properly indentured apprentices may be employed in the performance of the work. Contractor is required to make contribution to funds established for the administrative of apprenticeship programs if he employs registered apprentices or journeymen in any apprenticeship trade on such contracts and if other Contractors on the public works site are making such contributions. Contractor and any sub-contractor under him shall comply with the requirements of Sections 1777.5 and 1777.6 in the employment of apprentices. Information relative to apprenticeship standards, wage schedules and other requirements may be obtained from the Director of Industrial Relations, ex-officio the Administrator of Apprenticeship, San Francisco, California, or from the Division of City of Diamond Bar Access Control System Replacement Project 18 | P a g e Apprenticeship Standards and its branch offices. 8. LEGAL HOURS OF WORK: Eight (8) hours of labor shall constitute a legal day's work for all workmen employed in the execution of this Agreement, and the Contractor and any sub-contractor under him shall comply with and be governed by the laws of the State of California having to do with working hours set forth in Division 2, Part 7, Chapter 1, Article 3 of the Labor Code of the State of California as amended. Contractor shall forfeit, as a penalty to City, twenty-five dollars ($25.00) for each laborer, workman or mechanic employed in the execution of the contract, by him or any sub-contractor under him, upon any of the work hereinbefore mentioned, for each calendar day during which the laborer, workman or mechanic is required or permitted to labor more than eight (8) hours in violation of the Labor Code. 9. TRAVEL AND SUBSISTENCE PAY: Contractor agrees to pay travel and subsistence pay to each workman needed to execute the work required by this contract as such travel and subsistence payments are defined in the applicable collective bargaining agreements filed in accordance with Labor Code Section 1773.8. 10. CONTRACTOR'S LIABILITY: The City and its officers, agents and employees ("Indemnitees") shall not be answerable or accountable in any manner for any loss or damage that may happen to the work or any part thereof, or for any of the materials or other things used or employed in performing the work; or for injury or damage to any person or persons, either workers or employees of Contractor, of its sub-contractors or the public, or for damage to adjoining or other property from any cause whatsoever arising out of or in connection with the performance of the work. Contractor shall be responsible for any damage or injury to any person or property resulting from defects or obstructions or from any cause whatsoever. Contractor will indemnify Indemnities against and will hold and save Indemnitees harmless from any and all actions, claims, damages to persons or property, penalties, obligations or liabilities that may be asserted or claimed by any person, firm, entity, corporation, political subdivision, or other organization arising out of or in connection with the work, operation, or activities of Contractor, its agents, employees, sub- contractors or invitees provided for herein, whether or not there is concurrent passive negligence on the part of City. In connection therewith: a. Contractor will defend any action or actions filed in connection with any such claims, damages, penalties, obligations or liabilities and will pay all costs and expenses, including attorneys' fees, expert fees and costs incurred in connection therewith. b. Contractor will promptly pay any judgment rendered against Contractor or Indemnitees covering such claims, damages, penalties, obligations and liabilities arising out of or in connection with such work, operations or activities of Contractor hereunder, and Contractor agrees to save and hold the Indemnitees harmless therefrom. Contractor's obligations under this section apply regardless of whether or not such claim, charge, damage, demand, action, proceeding, loss, stop notice, cost, City of Diamond Bar Access Control System Replacement Project 19 | P a g e expense, judgment, civil fine or penalty, or liability was caused in part or contributed to by an Indemnitee. However, without affecting the rights of City under any provision of this Agreement, Contractor shall not be required to indemnify and hold harmless City for liability attributable to the active negligence of City provided such active negligence is determined by agreement between the parties or by the findings of a court of competent jurisdiction. In instances where City is shown to have been actively negligent and where City active negligence accounts for only a percentage of the liability involved, the obligation of Contractor will be for that entire portion or percentage of liability not attributable to the active negligence of City. So much of the money due to Contractor under and by virtue of the contract as shall be considered necessary by City may be retained by City until disposition has been made of such actions or claims for damages as aforesaid. It is expressly understood and agreed that the foregoing provisions are intended to be as broad and inclusive as is permitted by the law of the State of California. This indemnity provision shall survive the termination of the Agreement and is in addition to any other rights or remedies which Indemnitees may have under the law. This indemnity is effective without reference to the existence or applicability of any insurance coverage which may have been required under this Agreement or any additional insured endorsements which may extend to Indemnitees. Contractor, on behalf of itself and all parties claiming under or through it, hereby waives all rights of subrogation and contribution against the Indemnitees, while acting within the scope of their duties, from all claims, losses and liabilities arising out of or incident to activities or operations performed by or on behalf of the Contractor regardless of any prior, concurrent, or subsequent passive negligence by the Indemnitees. 11. NON-DISCRIMINATION: Pursuant to Labor Code Section 1735, no discrimination shall be made in the employment of persons in the work contemplated by this Agreement because of the race, color, sex, mental disability, physical disability, religion or other reason set forth in Government Code § 12940 of such person. Contractor agrees to post in conspicuous places available to employees and applications, a notice setting forth provisions of this non-discrimination clause. A violation of this section exposes the Contractor to the penalties provided for in Labor Code Section 1735. 12. RESERVED 13. PRESENTATION OF CLAIMS: Any claim, as that term is defined in Public Contract Code §9204, shall be submitted in accordance with Section 9204 and shall contain a sufficient description of the claim, the basis therefore and documentation in support of the claim. The claim shall be processed as more fully set forth in the Plans and Specifications. City of Diamond Bar Access Control System Replacement Project 20 | P a g e 14. TERMINATION: This Agreement may be terminated by the City for any reason upon the giving of a written "Notice of Termination" to Contractor at least thirty (30) days prior to the date of termination specified in the notice. Upon receipt of such notice, Contractor shall immediately cease work, unless otherwise directed by the Notice of Termination. In the event of such termination, Contractor shall be paid for services satisfactorily rendered and expenses reasonably and necessarily incurred prior to the effective date of termination, unless the Notice of Termination is issued for cause, in which event the City may withhold any disputed compensation. Contractor shall not be entitled to any claim for lost profits. State of California Contractor’s License No. ________________________ Contractor’s Business Phone: Contractor’s emergency phone which can be reached at any time: IN WITNESS WHEREOF, the parties hereto have executed this Agreement with all the formalities required by law on the respective dates set forth opposite their signatures. [Full Name of Contractor] By: ______________________________________ Title: _________________________________ Date: By: Title: Date: CITY OF DIAMOND BAR, CALIFORNIA By: _____________________________________ Daniel Fox, CITY MANAGER __________________________ City of Diamond Bar Access Control System Replacement Project 21 | P a g e Date ATTEST: By: _____________________________________ Kristina Santana, CITY CLERK __________________________ Date APPROVED AS TO FORM: _____________________________________ David DeBerry,CITY ATTORNEY _____________________________ Date *NOTE: If Contractor is a corporation, the City requires the following signature(s): --The Chairman of the Board, the President or a Vice-President, AND (2) the Secretary, the Chief Financial Officer, the Treasurer, an Assistant Secretary or an Assistant Treasurer. If only one corporate officer exists or one corporate officer holds more than one corporate office, please so indicate. OR -- The corporate officer named in a corporate resolution as authorized to enter into this Agreement. A copy of the corporate resolution, certified by the Secretary close in time to the execution of the Agreement, must be provided to the City.